Magana-Sanchez v. USA
||June 24, 2016
||US District Court for the Eastern District of Missouri
||St. Louis Office
||St. Louis - City
||E. Richard Webber
|Nature of Suit:
||Motions to Vacate Sentence
|Cause of Action:
||28 U.S.C. § 2255
|Jury Demanded By:
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|March 27, 2017
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Adan Magana- Sanchez's amended petition under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [ECF No. 10 is DENIED. Petitioner 9;s Motion is DISMISSED, with prejudice. IT IS FURTHER ORDERED that Petitioner's petition to consider possible submission of a § 2255 motion [ECF No. 1 is DENIED as moot. IT IS FURTHER ORDERED that the Court shall not issue a certificate of appealability as to any claim raised in Petitioner's 2255 Motion. Signed by District Judge E. Richard Webber on 3/27/17. (EAB)
|November 2, 2016
MEMORANDUM AND ORDER - Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to send movant a § 2255 form. IT IS FURTHER ORDERED that movant must fill out the form and return it to the Court within thirty (30) days of the date of this Ord er. If movant fails to comply with this Order, the Court may dismiss this action without further proceedings. Response to Court due by 12/2/2016. Signed by District Judge E. Richard Webber on November 2, 2016. (Copy of Memorandum and Order along with 2255 Form sent to Petitioner this date.)(MCB)
|July 5, 2016
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movant's § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Public Defender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movant's arguments under Johnson, either by filing a written notice in this action of their int ent not to represent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in this action, or a request in the Court of Appeals for leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b)(3). IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. Signed by District Judge E. Richard Webber on 7/5/2016. (Order and Petition sent to FPD via interoffice mail. Order sent to Petitioner at FCI Beaumont Low via U.S. Mail.)(CBL)
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